| By Big Radio News Staff |
A former Waukesha City Council member is suing Janesville City Manager Kevin Lahner, saying he and other city of Waukesha officials brought bogus election fraud charges against her.
In his former job as Waukesha’s city manager, Lahner turned over evidence from a local mail carrier that former Waukesha alderwoman Kathleen Cummings lied about her address while running for re-election in 2020.
A Walworth County judge has since exonerated Cummings in a trial in May.
Cummings is now suing a Lahner, a Waukesha city attorney, a Waukesha Mayor and the city of Waukesha, among others, according to a suit filed last week in federal court.
The suit calls the election fraud charges a “false arrest,” a “malicious prosecution,” and “public humiliation.”
Cummings claims Waukesha city officials conspired in a scheme against her as payback for public stances she’d took — some stances which she took against Lahner.
In the suit, Cummings says she’d pulled an alarm in 2017 on a plan she called “secret” to bring a minor-league baseball team to Waukesha.
Cummings claims she’d dug in against a small faction of the city council who she says were discussing proposals for a professional baseball facility and team in secrecy, outside of regular city council meetings.
Cummings says in 2021, she’d also decried what she called an improper hire of a city cemetery director by Lahner. The council later officially reprimanded Lahner over the hire.
Lahner told Big Radio in May that Cummings had tried to thwart many of his policies and plans, and he says she’d tried to get Lahner fired over the city hiring dispute.
Cummings’ lawsuit says the council slated a discussion on a disciplinary note for Lahner over the improper hire in March 2022.
Immediately after that, Cummings’ suit says, Lahner went to the Waukesha County District Attorney with allegations that Cummings was committing election fraud.
The suit claims Lahner had gotten a tip about Cummings’ residency during the 2020 election late that year — but that Lahner back-pocketed the allegations, and did not pursue criminal charges against Cummings until the fall of 2021, after Cummings had publicly criticized Lahner and pushed for his reprimand over the hiring squabble.
Cummings’ suit says Lahner never brought the election fraud allegations to Cummings prior to turning over allegations to the D.A. — but that Lahner did tell law enforcement “some may question his motives for bringing this information to an investigating authority.”
The suit alleges Lahner combed through Cummings’ water bills to amass evidence Cummings had been spending more time at a second house she’d owned that was located outside her aldermanic ward.
A county sheriff’s investigation into allegations Cummings was committing election fraud rolled out amid a public bid by Cummings to run against then-mayor Shawn N. Reilly in the 2022 election.
Cummings’ suit claims Reilly was among those in a “faction” who’d “harassed” her during alderman communication meetings once they learned of criminal allegations — behavior she blames in her decision to resign from the council.
The suit also claims Lahner told city staff to report to him any conversations Cummings had with them — and told staff to direct Cummings to refer any questions she had straight to him.
A judge has acquitted Cummings of fraud, saying she did nothing illegal by spending time living at two separate residences while running for city office.
Cummings’ husband testified in court that they’d owned another home a half-mile outside Cummings’ aldermanic ward — but that they’d intended to renovate that second home to create a group home for their son, who is autistic.
The lawsuit does not disclose any specific damages being sought by Cummings, but it asks the court to find Waukesha officials deprived her of free speech rights and caused her emotional pain and suffering.
Lahner declined comment on Tuesday, telling Big Radio in an email he has been advised not to comment on the matter.
Big Radio anchor-reporter Neil Johnson gathered information used in this report.